In the New York Penal Code choking another person is referred to as criminal obstruction of breathing or blood circulation. It is a Class A misdemeanor.Charged with criminal obstruction of breathing? Call the experienced criminal attorneys of Lebedin Kofman LLP right away. No you can't be arrested for "Obstructing Law Enforcement" in Indiana for invoking your right to remain silent. Obstructing governmental administration in the second degree is a class A misdemeanor under New York Penal Law section 195.05. In Washington state, "obstructing a law enforcement officer" is a gross misdemeanor. Clark PD Officers arrested 23 year-old Damion D. McPhaul of Queens (Ozone Park), New York for Theft of Moveable Property, Obstruction the Administration of Law. If a Police officer breaks a law and commits a crime while being on clock, there is a good reason to arrest him and he can and will be arrested. If convicted, the penalties for interfering with a witness in a criminal investigation is up to five years in federal prison.